The purpose of this chapter is to establish pursuant to N.J.S.A.
40A:11-5(1)(u) a list of licensed towing contractors to provide towing
and storage services to the public, the Township and Police Department
on an equitable rotating basis in a safe, efficient, and convenient
manner and to establish, pursuant to N.J.S.A. 40:48-2.49, regulations
which set towing and storage rates and govern towing contractors engaged
in the business of towing and storing vehicles.
The following words and terms, when used in this chapter, shall
have the following meanings:
BASIC TOWING SERVICE
The removal and transportation of any vehicle at the request
of authorized personnel or Police Department as may be required when
abandoned, disabled, damaged in accidents, illegally parked, recovered
after being stolen or, in cases of emergency, from a highway, street
or other public or private road, or a parking area, or from a storage
facility, and other services normally incident thereto, but does not
include recovery of a vehicle from a position beyond the right-of-way
or berm or from being impaled upon any other object within the right-of-way
or berm.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
and that is secured by a locking device on each opening which has
been approved by the Chief of Police.
OUTSIDE CONTRACTOR
An individual, corporation, partnership, association, trust
or any other entity which may or may not be on the rotary list which
provides towing services by aiding a towing contractor who is performing
towing services pursuant to this chapter.
OUTSIDE SECURED
A vehicle storage facility that is not indoors and is secured
by a fence, wall or other man-made barrier that is at least six feet
high and is installed with a passive alarm system or a similar on-site
security measure and adequately lighted at night, which has been approved
by the Chief of Police.
PERSON
An individual, corporation, partnership, association, trust
or any other entity.
STORAGE FACILITY
An outside secured or inside building area, located within
the Township's corporate boundary line, used to store towed vehicles
and which has been approved by the Chief of Police.
TOWING COMPANY
An individual, corporation, partnership, association, trust
or any other entity which is engaged in the business of towing vehicles.
TOWING CONTRACTOR
A towing company which is placed upon the rotary list that
performs towing services for the Township.
TOWNSHIP
The Township of Lower, County of Cape May, State of New Jersey.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by their manufacturer for the removal or transport of private
passenger automobiles. Tow vehicles fall into two weight classifications
under state regulations, each with defined insurance limits:
A.
Light-/medium-duty tow vehicles have a gross weight of less
than 32,000 pounds and are required by state regulation to carry minimum
liability insurance coverage of $750,000; and
B.
Heavy-duty tow vehicles have a gross weight of 32,000 pounds
or more, and are required by state regulation to carry a minimum liability
insurance coverage of $1,000,000.
VEHICLE
Any vehicle or motor vehicle as defined by N.J.S.A. 39:1-1
et seq.
All towing contractors shall be required to comply with the
following provisions:
A. To reduce response time for the safety and welfare of the public
and Police Department and to ensure the adequacy and security of storage
facilities, maintain a place either an inside building or outside
secured storage facility within the Township, which storage facility
shall be of sufficient size to accommodate the Township's needs and
subject to any and all provisions contained in this chapter and ordinances
of the Township and further subject to inspection by the Police Chief
or his or her designee.
B. All tow vehicles used by towing contractors which are utilized to
render services under this chapter must be principally garaged within
the confines of the Township.
C. Comply with all Township ordinances, pay all taxes, assessments, licensing fees or fines when due, comply with the requirements of Title 39, Chapter
3, Article 3 of the New Jersey Statutes, and all regulations governing tow vehicles promulgated by the New Jersey Motor Vehicle Commission or any other law or regulation of any state, federal or other governmental agency, department, division or commission having jurisdiction.
D. Any person who operates a tow vehicle must be at least 18 years of
age, possess a valid driver's license, and comply with the applicable
provisions of this chapter and no person shall be permitted to operate
a tow vehicle where such operator has accumulated six or more points
or committed three or more moving violations pursuant to N.J.A.C.
13:19-10.1 or been convicted of a serious traffic violation, as defined
in N.J.S.A. 39:3-10.11, within any two-year period.
E. Storage facilities; hours; transporting vehicles.
(1) Towing contractors shall deposit and store towed vehicles only at
a storage facility located within the Township, unless the owner or
operator of the vehicle requests otherwise.
(2) After normal business hours and on weekends and holidays, the towed
vehicle shall be taken to the towing contractor's storage facility
and arrangements shall be made with the owner to have the vehicle
transported to the owner's requested destination as soon as possible.
(3) The towed vehicle owner or designated agent shall first make arrangements
with the towing contractor in person or by phone in advance to arrange
for payment or to take possession of the vehicle.
(4) All storage facilities shall have personnel available within 15 minutes
for the owner of a motor vehicle to recover said motor vehicle between
the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and
personnel available by appointment on weekends and holidays between
the hours of 8:00 a.m. and 5:00 p.m.
[Amended 4-5-2021 by Ord. No. 2021-04]
(5) No towing contractor shall unreasonably deny access to a vehicle
by an owner or his or her agent for the purposes of removing personal
property, including but not limited to wallets, purses, and car seats.
The towing contractor may deny access to a vehicle to prevent removal
of fixed objects, including but not limited to car stereos, speakers,
and seats.
(6) No towing contractor shall request or demand any person to sign any
document requiring the owner or operator of a vehicle involved in
a motor vehicle accident to have the vehicle repaired at any specific
location or body shop.
(7) All storage facilities shall have appropriate security and protection
for the towed vehicle and shall be in compliance with all state and
Township laws, ordinances and regulations. Appropriate security and
protection shall mean an area approved by the Chief of Police that
provides at a minimum, for an outside secured area, a locked, six-foot-high
fenced-in area with a passive alarm system or a similar on-site security
system that is adequately illuminated at night, and for an inside
building storage area, at a minimum a locking device on each opening
to the exterior with a passive alarm system or a similar on-site security
system.
F. Towing services must be provided on a twenty-four-hour, seven-days-per-week
basis. Towing contractors will be contacted by radio or mobile phone,
and all tow vehicles must be on the site of the event within 15 minutes
of receiving the call from the Police Department and must clean and
remove all vehicular debris from the area of a motor vehicle accident.
G. All towing contractors shall give priority to requests for towing
services made by the Township over requests made by other parties
during adverse weather conditions or other emergency conditions.
H. The Chief of Police shall promulgate, adopt and enforce such other
reasonable rules and regulations for towing contractors and storage
facilities deemed appropriate, which shall be subject to the review
and approval of the Township Council.
The towing and storage fees set forth for basic towing service
and those billed for nonbasic towing service are the amounts that
the towing contractor will charge to the vehicle owner or its representative.
The Township shall never be responsible for payment of any towing
and storage charges which may have been incurred by reason of instructions
from the Police Department, except for Township-owned vehicles. The
towing contractor shall accept all major credit cards, including,
without limitation, MasterCard, Visa and American Express.
Each towing contractor will indemnify and hold harmless the
Township, to the extent permitted by law, from any and all claims
for personal injury or property damage against the Township arising
out of the operation of said towing contractor's towing or storage
services under this chapter. The contractor will further defend the
Township at the towing contractor's expense, in connection with any
claim, demand, suit or action brought against the Township arising
out of any services performed under this chapter.
Any person who violates any section of this chapter shall, upon
conviction thereof, be subject to imprisonment not exceeding 90 days
and/or a fine of not less than $100 nor more than $1,000.